Filing an employment law claim is crucial when you believe your rights have been violated in the workplace. The process may vary depending on the nature of the claim. However, we share a guide that can help you understand step by step:
1. Document what happened:
Before filing a claim, gather evidence. This may include emails, witness statements, or any relevant documents that support your case.
2. Consult an employment law attorney:
Before beginning your legal process, it is advisable to consult with an employment law attorney. They can review your case, provide legal advice, and guide you through the following steps.
3. Identify the appropriate agency to file your claim:
Find out which government agency handles the injustice your employer has committed against you.
4. Submit your claim to the agency:
Complete the necessary forms to file a complaint with the appropriate agency. Provide detailed information about your case, the parties involved, and any evidence that supports your case.
5. Receive a right-to-sue letter:
After the agency’s investigation, you will typically receive a right-to-sue letter. This document permits you to file a lawsuit in court to fight your employer.
6. File your claim:
You can file a lawsuit if a resolution is not achieved through agency intervention. Your attorney can help you file the necessary legal documents.
7. Mediation or settlement discussions:
Before trial, the parties can engage in mediation or settlement talks to resolve the dispute without going to court. If a settlement is reached, the case can be resolved without trial. Otherwise, a judge will determine whether or not your employer committed an injustice.
Employment law claims can be complex, and the specific steps may vary depending on your case. Consulting with an experienced employment attorney can significantly improve your chances of obtaining a successful outcome. At Lara & Luna APC, we can help. Do not hesitate to contact us.